Press Release
FOR IMMEDIATE RELEASE
Date: 09/21/04

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Jeffrey Holtzman

Santa Rosa, Sonoma County, California

Board of Supervisors Followed the Brown Act

Sonoma County District Attorney Stephan Passalacqua announced today that the Board of Supervisors’ closed session with the Sonoma County Water Agency on June 22, 2004, was proper under the Brown Act. The review followed a citizen complaint by Guerneville area resident Ross Brooks. He alleged that the Board of Supervisors, while acting as the Board of Directors of the Water Agency, violated the state’s open meeting law when it met in closed session. The discussion involved a petition to reduce flow of water in the Russian River.

An exception to the Brown Act’s open meeting requirement allowed the Board to meet in closed sessions to discuss whether to initiate litigation. Petitions to administrative bodies such as the State Water Resources Control Board are considered adjudicatory hearings and therefore qualify for the litigation exception under the Brown Act.

"The public’s right to open government is a central foundation of our democratic process," said District Attorney Stephan Passalacqua. "When we receive a complaint alleging a Brown Act violation, we review the matter carefully and take each complaint seriously. In this case, we concluded that the Brown Act was not violated," Passalacqua added.

The District Attorney also determined the item was properly placed on the agenda but concluded a public report was required. The Board’s failure to announce the action immediately after the June 22, 2004 meeting was not consistent with the Brown Act but it was cured when the Water Agency publicly released the petition at the same time it was filed with the state board. The Water Agency, although acting belatedly, provided more information to the public than is required by the law. The Brown Act requirement to report the vote taken in a closed session was satisfied at the Board’s July 13, 2004 meeting.

The complaint was reviewed by Deputy District Attorney Jeffrey W. Holtzman.